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HomeMy WebLinkAbout03-1209WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs, VS. OMER H. BLACK, JR. and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- J-~ O 9 Civil Term NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs, VS. OMER H. BLACK, JR. and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- ?o2v? CivilTerm COMPLAINT Count I: Breach of Contract AND NOW, comes WAYNE GRATKOWSKI, Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully states as follows: 1. Plaintiffs are WAYNE GRATKOWSKI and LYNN GRATKOWSKI, adult individuals, residing in Marco Island, Florida. 2. Defendants are OMER H. BLACK, JR. and SARAH P. BLACK, husband and wife, adult individuals. Defendant Omer H. Black Jr. resides at. Defendant Sarah P. Black resides at 4020 Enola Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff Wayne Gratkowski is the son of Defendant Sarah P. Black. 4. On or about May, 1997, Plaintiffs and Defendants entered into a verbal agreement whereby Defendants agreed to sell to Plaintiffs the real estate owned by Defendants, having a mailing address of 1710 Douglas Drive, Carlisle, Pennsylvania. 5. The terms of the verbal agreement were that Plaintiffs would make monthly payments of rent in the amount of $650.00 to Defendants for five years, at the end of which time, Defendants would convey the real estate to Plaintiffs in consideration of a payment from Plaintiffs equal to the then existing mortgage balances on the property plus $30,000.00. 6. At the time of the agreement, title to the real estate was in the name of Defendant Sarah P. Black alone, but was subsequently transferred into the joint names of Defendants by deed dated August 15, 1997 and recorded August 19, 1997 in Cumberland County Deed Book 163, Page 6. 7. After reaching the verbal agreement, Plaintiffs moved into the real estate in May, 1997 and began making monthly payments to Defendants. 8. Defendants made substantial improvements to the property based on the assertions of the Defendants that Plaintiffs would be the owners of the property after five years. 9. Plaintiffs incurred expenses of $7,584.56 in making repairs and improvements to the real estate. Copies of the receipts for expenses incurred are attached hereto and incorporated herein as Exhibit "A". 10. Plaintiffs further performed much of the labor themselves in making the improvements, having a value of $4,000.00. 11. After making these improvements, Defendants began to have marital difficulties which eventually led to the filing of a Complaint in Divorce with the Court of Common Pleas of Cumberland County. 12. After divorce proceedings had begun, Defendant Omer H. Black, Jr. informed Plaintiffs that the real estate would have to be sold and that he did not intend to honor the agreement to convey the real estate to Plaintiffs. 13. Based on the statements of Defendant Omer H. Black, Jr. that he would not convey the real estate to Plaintiffs, Plaintiffs moved from the premises and stopped making payments to Defendants. 14. Defendants sold the real estate to Michael L. Cmce and Michelle B. Cruce for the sum of $88,000.00 on or about June 28, 2001. 15. Defendants breached their verbal agreement with Plaintiffs to convey the real estate to Plaintiffs. 16. Plaintiffs have been damaged by the breach of Defendants in the amount of $11,584.56 for expenditures they made to improve the real estate in the amount of $7,584.56 and labor that they contributed to make the improvements in the amount of $4,000.00. WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against Defendants in the amount of $11,584.56 plus interest from the date of judgment and costs, as stated herein. Count II: Unjust Enrichment 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Plaintiffs made substantial improvement to Defendants' real estate based on the assertions of Defendants that Plaintiffs would be the owners of the property after making payments for five years. 19. Plaintiffs relied to their detriment on the assertions of Defendants and made substantial expenditures of time and money in improving Defendants' property. 20. Defendants received the benefits of Plaintiffs expenditures and time and money on the real estate when the property was sold on June 28, 2001. 21. Defendants have been unjustly enriched by Plaintiffs' improvements in the amount of $11,584.56. WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against Defendants in the amount of $11,584.56 plus interest from the date of judgment and costs, as stated herein. By: Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff ~evY~rEN~tqr~)~e~r 46397 ~,~) Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. F~~q Dated: ,2003 WAYNE GRATKOWSKI TI OW '-Cd' EXHIBIT "A" EXHIBIT "A" .TL II~ TD C~ CG II 780 m~n~mL~m. ATTEIqTTC)N!!! '~,TTEN!FTON! H:. COME TO. ~ COMF'LETE STOF:'- BEFOF I ~ '.1 ' . DO HEREBY:'CERTIFY:THAT t READB FoRE SIGNING' RIM L~ssOR THE .... . ..~-~-~FACE~AN_D ~EV~n~-- -- " ....... . ...... ~¢-----'- ............... 1 o- q i ~ o '7 I Q .0 . 80 .0 ,~ 20 rt C~ . 4-03 004-51 61 ' 17257 JO - Fax 5520 LB 47z'~0 I_B · '780 LB Imin imum ) Name GRATKOWSK i -"~ ATTENTION!!! ATTEN'FION ! ! ! AT-FEN COME TO A COMPLE'FE STOP BEFORE] PULL! SIGNAT' RE~ BEFORE SIGNING: DO HEREBY CERTIFY THAT t HAVE THIS D~- OM LESSOR THE ITEMS LISTED ON THIS CON- MY NEEDS AND IN GOOD CONUIn'J~ ~FO~? ...... Dc, r~p,;:.f:;r]'3~D'i'-AGEIEE TO THE TE ~ -~ .... ~ ~c T~---- --- ' ~ CONTRACT~ ~. 55R0 LB 78~:~ LB minimum ) ~ A~'-FEN]'ION ! ! ! ATTENTION! ! ! ATTEN'!'I COME TO A COMPLE'FE STOP BE.-mE F"ULLING SIGNATURE SPECIAL INSTRUCTIONS: Name GRATKOWSK I 552(I) LB · 'l. ? ~. ,.'.':, LB '! '780 LB , [:, minimum) ATTENTION!!! ATTENTIOIq ! ! ! ATTE Ct...,~!l:. TO A COMPLETE STOP BEFORE PLIt L SIGN/ SPECIAL INSTRUCTIONS: .... ~H~t~. I DO HEREBY CERTIFY THAT I HAVE THIS f Fg, PA 17257 (717) 24,5-2334 264 264000063 ] 2105~] 06/28/98 !0:3~ ' ~ ~u~,~ ~ASKIN~: TX?E 3, 4X6OY 3486019 6f0CgL PRO FLEX ~'~IT 3/79 ' l.O0 ¢ 4.99 " / c.., 3. !5 ~uotote 7 ,' Z~Tz~O L.~: 5.00~ T~:< 8.94 / 780 LB Tota~ Cash O. 54 9.48 t'~ m i'F~ i ~L~F~i ) Change i0.00 -.0.5~ ' ' ' ~ %'-]PPLY / Name GR~I~k:0NSK I ATTENTION!!! ATTENTION!!! ATTENTIC COME TO A COi;1F'LETE STOP BEFORE F'ULLING ;i:SiGN~TURE SPECIAL INS . I DO.HEREBY:CERTIFY THAT I HAVE:THIs DAY REC READ BEFORE SIGNING: FROM LESSOR THE ITEMS LISTED ON THIS CONTRACT, ERSONALLY INSPECTED THE ITEMS AND FIND THEM SUI; P~r~o MY NEEDS AND IN GOOD CONDITION AND _F_U_L.L~ U~I VDFILL 'sburg, PA 17257 17) 423-5690 - Fax ATTENTION! ! ! ATTENTION! COME TO A COMPLETE STOP BEFOF.:E A'T TEN T I { F'UI_L I NG ;PEC IAL INSTRUCTIONS: ./J' CUMBERLAND COUNTY LANDFILL 142 Vaughn Road Shippensburg, PA 17257 (717) 423-5917 ~ Office (717) 423-5690 - Faz .99999? Ca s h .C u s t.o m e r' Scale i Gross Weight S~ale ~. ]"ar'e Weight Name COUNTY :(2! ) 55~0 LB Inbound - Cash ~-ick~t · ].7~.0 LB ~ ' - ?80 LB GRA TKOWS~::~ I A't~TENTION! !! ATTENTI.r.]N!! ! ATTENTION! ~ COME TO A C, OMPLFTE STOF' BEFOR.E PUl_LING ON SCALE! · 221, ~ (.). ( -SPECIAL iNSTRUCTIONS: I DO HEREBY CERTIFY THA'T I HAVE THIS DAY RECEIVED SSOR THE iTEMS L STED ON THIS CONTRACT, HAVE READ BEFORE SIGNING: FROM LE ~ IND THEM SUITABLE PERSONALLY iNSPECTED THE ITEM~ AND F NEEDS AND IN GOOD CONDITION A~D FULLY UNDER- FOR MY .... THE TERMS ON THE STAND ITS PROPER OS~, AND I-~_G.~.~,..E,,_TO -- -"--'FACE'AN.D. REVERSE OF THIS CONtHAL'h-~..i WE CHARGE'"F~)R-TIME OUT: NOT TIME USED ~TURN WILL SAVE YOU MONEY ..Rental Service Ritner Highway isle Pa. 17013 ~: phone -7110 (717) 249-7144 !mergency Only) (717) 249-5585 THE ITEMS RENTED ARE RENTED AT THE RATES SET FORTHiBELOw !AND ?";~J ; · O THE TERMS AND CONDITIONS ON THE REVERSE 'S DE OF THIS: ~B?rE2:r'7~l NTAL CHARGES ARE MADE FOR THE TIME THE EQUIPMENT IS IN ~~i6~, SUBJECT TO A MiNiMUM CHARGE ..... PENNSYLVANIA CRiMINAL LAW DEFINES ANY OF THE FOLLOWING ACTS AS THE~: 1. Signing a rental agreement with a name other than your own. 2. Failing to return rental prope~y within the specified time. ._ . 3. Using deception of any kind to avoid payment. A CLEANING FEE WILL BE CHARGED ON EQUIPMENT RETURNED DIRTY Do not rely on others to return, equipment rented, the responsibili~ is yours. '" MoNDAY-SATURDAY' ~:30 ~.i~. TO ;5:00 P.M. WEEKLY & MONTHLY RATES ONLY APPLY IF RENT IS PAiD IN ADVANCE THIS EQUIPMENT FOR RENTAL ONLY - NOT FOR SALE SPECIAL INSTRUCTIONS: READ BEFORE SIGNING: I DO HEREBY CERTIFY THAT I HAVE THIS DAY RECEIVED FROM LESSOR THE ITEMS LISTED ON THIS CONTRACT, HAVE PERSONALLY INSPECTED -tHE ITEMS AND FIND THEM SUITABLE ~ . OR MY NEEDS AND IN GOOD CONDITION AND FULLY UNDER- --FACE--AND-REVERSE OF THIS CONTRA - · " -- .... :'>',~¥- ........................ ........... :.Z: ......... '-' '-:' w~: CHARGE--~6~:'-':¢iA:~°¥'~uE USeD : " tee to pay on the reverse sideIF DECLINED =h~arg-8~es therefor. PLEASE INITIA- 06/i?/97 !:? SIDES BEFORE IF DECLINED PLEASE INITIAL WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1209 Civil Term ANSWER TO COMPLAINT AND NOW comes Sarah P. Black, one of the Defendants in this action, and answers Plaintiffs' Complaint at follows: 1-14. 15. Count I: Breach of Contract Admitted It is admitted that Defendant Omer H. Black, Jr., breached the verbal agreement to convey the real estate to Plaintiffs. It is denied that Defendant Sarah P. Black breached the agreement. .At all times relevant hereto, Defendant Sarah P. Black was ready, willing and able to convey the real estate to Plaintiffs. 16. It is denied that Defendant Sarah P. Black breached the agreement, for reasons stated in paragraph 15 above, the same being incorporated by reference herein. WHEREFORE, Defendant Sarah P. Black respectfully requests judgment in her favor, on this Count. WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KIN(~ STREET --SHIPPENSBURG, PA 17257-1397 Count II: 17. No response is required. 18. - 21. Admitted WHEREFORE, Defendant Sarah P. Black stipulates judgment against both Defendants on this Count. Unjust Enrichment that Plaintiffs are entitled to Respectfi~lly submitted, WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esqu~__~ Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: SARAH P. BLACK, Defendant WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KIN~3 STREET -- SHIPPEIMSBURG, PA 17257~1397 WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. : NO. 03-1209 TERM ._ : _. : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days fi-om service hereof or a judgment may be entered against you. Date: June ]~ ,2003 IRWIN, McKNIGHT & HUGHES Do~'~as ~ Mille¥,'Esquire Supreme Uourt i.D. No. 83776 60 West Pomfi.et Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Omer H. Black, Jr. WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1209 TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW this _~_day of June, 2003, comes the Defendant, Omer H. Black, Jr, by and through his attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer with New Matter to the Plaintiffs' Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. After reasonable investigation, Defendant Omer H. Black, Jr., is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) therefore they are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Omer H. Black, Jr. was not a party to nor an active participant in any such purported agreement. 5. After reasonable investigation, Defendant Omer H. Black, Jr., is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph five (5) therefore they are specifically denied and strict proof thereof is demanded at 6. The averments of fact contained in paragraph six (6) are denied as stated. It is admitted that the real estate was transferred from Defendant Sarah P. Black to both Defendants jointly. The remaining averments in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. 7. After reasonable investigation, Defendant Omer H. Black, Jr., is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) therefore they are specifically denied and strict proof thereof is demanded at trial. 8. The averments of fact contained in paragraph eight (8) are denied as stated. It is admitted that Plaintiffs made improvements to the property. The remaining averments in paragraph eight (8), including any inference that Plaintiffs alone made improvements to the property, are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Omer H. Black, Jr., completed and paid for out of his own funds substantial improvements to the subject property. 9. After reasonable investigation, Defendant Omer H. Black, Jr., is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph nine (9) therefore they are specifically denied and strict proof thereof is demanded at trial. 2 I0. After reasonable investigation, Defendant Omer H. Black, Jr., is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph ten (10) therefore they are specifically denied and strict proof thereof is demanded at trial. 11. The averments of fact contained in paragraph eleven (11) are denied as stated. It is admitted that Defendants are involved in divorce proceedings filed in Cumberland County, Pennsylvania. The remaining averments in paragraph eleven (11) are specifically denied and strict proof thereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. 13. After reasonable investigation, Defendant Omer H. Black, Jr. is without knowledge or information sufficient to form a belief as to the troth of the avermems contained in paragraph thirteen (13) therefore they are specifically denied and strict proof thereof is demanded at trial. 14. The averments of fact contained in paragraph fourteen (14) are admitted. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Omer H. Black, Jr. respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNT II - UNJUST ENRICHMENT 17. The answers of Defendant Omer H. Black, Jr. to paragraphs one (1) through sixteen (16) of Plaintiffs' Complaint are made a part hereof and incorporated herein by reference. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 19. The averments contained in paragraph nineteen (19) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 20. The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 4 21. The averments contained in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Omer H. Black, Jr. respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 22. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiffs. 23. It is believed and averred that Defendant Sarah P. Black allowed her son and daughter-in-law, Wayne Gratkowski and Lynn Gratkowski, the Plaintiffs in this action, to reside in the home located at 1710 Douglas Drive. 24. It is further believed and averred that these actions by Defendant Sarah P. Black were done as an act of generosity and love to her son and daughter-in-law. 25. The rent pmportedly paid by Plaintiffs was not paid to Defendant Omer H. Black, Jr., and is substantially less than the rent that would have been paid by a third party for the use of the property. 5 26. Defendant Omer H. Black, Jr. was not a patty to any alleged agreement concerning the purported sale of real estate to Plaintiffs. 27. Defendant Omer H. Black, Jr. expended substantial amounts of his own funds to maintain and improve the property including the purchase of a new hot water heater, heat pumps and related systems. 28. Plaintiff Wayne Gratkowski assisted Defendant Omer H. Black, Jr. in the installation of the new hot water heater that Defendant had purchased with his own funds. 29. Plaintiffs enjoyed the benefits of the monies expended by Defendant Omer H. Black, Jr. in the maintenance and improvement of the property. 30. Plaintiffs' Complaint seeks to recover monies from Defendants by alleging that they failed to perform under terms of an alleged oral contract regarding the failure to sell certain real property to Plaintiffs. 31. The alleged contract on which Plaintiffs rely was oral in nature. 32. Plaintiffs have not attached to their Complaint a written memorandum of the alleged contract, and upon information and belief there is no such memorandum. 33. Because the alleged contract is oral and there is no written memorandum, the provisions of the statute of frauds, 33 P.S. § 1, et. seq., have not been complied with in respect to this alleged contract. 6 34. Accordingly, Plaintiffs' cause of action on the alleged contract is barred by the defense of the statute of frauds. 35. Plaintiffs' Complaint fails to state claims or causes of action upon which relief can be granted. 36. Plaintiffs' Complaint may barred by the defense of laches. 37. Plaintiffs' claims may be barred and/or limited by the failure to mitigate or to properly mitigate damages. WHEREFORE, Defendant Omer H. Black, Jr. respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs in this matter, or in the aitemative to enter judgment against Defendant Sarah P. Black in this matter, together with reasonable costs and attomey fees, and such other and further relief as this Court deems just. Dated: June ~ I , 2003 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Douglas ~. MiHe~, Elqilir~ - Supreme~Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Omer H. Black, Jr. 7 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. OME, Rqt. BLACK Date: June 10 ,2003 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 (Attorney for Plaintiffs) Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 (Attorney for Defendant Sarah P. Black) Date: June [( ,2003 IRWIN, McKNIGHT & HUGHES Dou~ia-s (~ l~iller;E~qui~e .... Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Omer H. Black, Jr. WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1209 Civil Term ANSWER TO NEW MATTER AND NOW comes Sarah P. Black, one of the Defendants in this action, and responds to ' r Defendant Omer H. Black, Jr. s, New Matte as follows: 22. 23. No response is required. Admitted in part and denied in part. It is admitted that Sarah P. Black allowed the Gratkowskis to reside at the home. Any implication that Sarah P. Black was the only party that consented to Gratkowskis residing at the home is denied. Defendant Omer H. Black, Jr., consented to the arrangement. 24. Denied. The Gratkowskis were permitted to stay as a result of an agreement between the Blacks and the Gratkowskis. 25. Denied. The rent paid was deposited into an account that was owned jointly by Defendant Omer H. Black, Jr., and Defendant Sarah P. Black. Plaintiffs paid a fair rental value. 26. Denied. Defendant Omer H. Black, Jr., was a party to the agreement that was entered with the Gratkowskis. 27. 28. Denied. Any funds used to maintain and improve the property were paid with Plaintiffs' funds or with funds owned jointly between Omer H. Black, Jr., and Defendant Sarah P. Black. Admitted in part and denied in part. It is admitted that Wayne Gratkowski assisted Defendant Omer H. Black, Jr., in installing the new hot water heater. It is denied that Defendant Omer H. Black, Jr., used his own funds. 29. 30. 31. 32. 33. 34. 35. 36. 37. Denied, for reasons stated in paragraph 27 above. Admitted. Admitted. Admitted. The averments contained in paragraph 33 are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. The averments contained in paragraph 34 are conclusions of law to which no response is required. To the extent that a response is required, the avermems are specifically denied and strict proof thereof is demanded at trial. The averments contained in paragraph 35 are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. The averments contained in paragraph 36 are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. The averments contained in paragraph 37 are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. Respectfully submitted, WEIGI,E & ASSOCIATES, P.C. By: Richard L. Webl~er, Jr., yt~'quire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: SA~RAH P. BLACK, Defendant WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs, VS. OMER H. BLACK, JR. and SARAH P. BLACK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- 1209 Civil Term ANSWER TO NEW MATTER AND NOW, come WAYNE GRATKOWSKI and LYNN GRATKOWSKI, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully responds to the New Matter of Defendant Omer H. Black, Jr. as follows: 22. No responsive pleading is required. 23. Admitted in part and denied in part. It is admitted that Sarah P. Black allowed Plaintiffs to reside at the home. The implication that Defendant Omer H. Black, Jr. did not also agree and consent to Plaintiffs' residing at the home is specifically denied. 24. Denied. It is denied that Plaintiffs' occupancy of the home was based on the generosity of Defendant Sarah P. Black. As stated in the Complaint of Plaintiffs, Plaintiffs began residing at the home based on a verbal agreement between the parties which agreement was intended to be mutually beneficial to Plaintiffs and Defendants. / 25. Denied. After reasonable investigation, Plaintiffs are tmable to determine the truth or falsity of the allegation as to who received the benefit for the payment of rent as this information is solely in the control of Defendants. By way of further answer, the rental payment of $650.00 per month is believed to be a fair rental payment for the property. 26. Denied. Plaintiffs' verbal agree,ment was made with be,th Defendants, based on discussions with both Defendants and Defendant Omer H. Black, J'r. was specifically a party to the verbal agreement. ; 27. Denied. After reasonable investigation, Plaintiffs are unable to determine the truth or falsity of the allegation as to the source of funds for any expenditures made by Defendants as this information is solely in the control of Defendants. By way of furtl~ter answer, as stated in Plaintiffs' Complaint, Plaintiffs made substantial expenditures and time and money to improve the property. 28. Denied. After reasonable investigation, Plaintiffs are unable to determine the troth or falsity of the allegation as to the source of funds for any expenditures made by Defendants as this information is solely in the control of Defendants. 29. Denied. It is denied that Plaintiffs received any benefit from the expenditures made by Defendants because the expenditures made were only those that any landlord would make to a property. Defendants were compensated for their expenditures in the same way that any landlord is compensated for the expenditures: through the receipt of rental payments from Plaintiffs. 30. Admitted. 31. Admitted. 32. Admitted. 33. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 34. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 35. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 36. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 37. Denied. The averments contained in tl~s paragraph are conclusions of law to which no responsive pleading is required. ? WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against Defendants in the amount of $11,584.56 plus interest from the date of judgment and costs, as stated herein. By: Respectfully submitted, Frey & Tiley, Robert G. Frey, Esquire ~ Supreme Court Number 46~97 } 5 South Hanover Street ~ Carlisle, Pennsylvania 17013 (717) 243-5838 JUL-28-2603 MO~ 05:02 PM NRPLE$ DODGE Jul ~'l] 03 04.'41p FREY and ~rlLE~Y NO, 2395131720 P, 02 WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. 03-1209 TERM : .. : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Douglas G. Miller, counsel for Defendant, Omer H. Black, Jr., in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $11,584.56 3. The counterclaim of the Defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert G. Frey, Esquire, Richard L. Webbber, Jr., Esquire, and Douglas G. Miller, Esquire. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES Dated: Attorney I.D. #83776 60 West Pomfi'et Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant, Omer H. Black, Jr. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 (Attorney for Plaintiffs) Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 (Attorney for Defendant Sarah P. Black) Date: August 26, 2003 IRWIN, McKNIGHT & HUGHES Douglas G. I~ller, Esquire Supreme CouYt 1D # 83776 West Pomfret Professional Building 60 West Pom~et Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Omer H. Black, Jr. WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs OMER H. BLACK, JR., and SARAH P. BLACK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 03-1209 TERM .. ._ : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ~/'] r~'~'day of ,~~ ,2003, in consideration ofthe foregoingPetition,~ ~ (c~/~/,j~/~;~--~ ~ //4 F&~/~~ / ~ff,~/~e.~ are appointed arbitrators in the above- captioned action. BY THECOURT: WAYNE GRATKOWSKI and LYNN GRATKOWSKI V. OMER H. BLACK, JR. and SARAH P. BLACK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · 03-1209 CIVIL TERM IN RE: ARBITRATION ORDER OF COURT AND NOW, November 26, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Bradley L. Griffie, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, Bradley L. Griffie, Esquire Chairman Court Administrator WAYNE GRATKOWSKI, LYNN GRATKOWSKI, Plaintiffs, VS. OMER H. BLACK, JR. and SARAH P. BLACK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03- 1209 Civil Term To: PRAECIPE TO DISCONTINUE The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please discontinue the Complaint filed in the above-captioned action. Frey & Tiley, Attorneys for Plaintiffs By: ~"~~~ ~--~, ~.~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838